The Labour Court has found that Eskom's not shortlisting a white candidate did not qualify as an affirmative action measure under the Employment Equity Act.

In his iconic "I am an African" speech, Thabo Mbeki eloquently captured the essence of African identity, transcending the boundaries of race, ethnicity, and nationality.

He proclaimed, "I am an African. I owe my being to the hills and the valleys, the mountains and the glades, the rivers, the deserts, the trees, the flowers, the seas and the ever-changing seasons that define the face of our native land,"

This powerful statement reminds us that our connection to the land, shared history, and common destiny as Africans shape our identity. It is through this lens that we must examine the recent case of Solidarity obo Erasmus v Eskom Holdings SOC Ltd, where issues of discrimination, affirmative action, and the quest for equality in the workplace came to the fore.

In the case, the employee ("Erasmus") had been employed by Eskom since 1988, where he rose through several positions. As a designated employer under the Employment Equity Act 55 of 1998 (EEA), Eskom implemented employment equity plans for each division, including an advertised senior vacant post. Erasmus applied for this position.

During the recruitment process, Eskom's practice was to shortlist only candidates from under-represented groups based on the company's employment...